Order, “We would assume that at least 15 per cent of the annual school fees would be towards overheads/expenses saved by the school Management. Arguendo, this assumption is on the higher side than the actual savings by the school Management of private unaided schools, yet we are inclined to fix that percentage because the educational institutions are engaged in doing charitable activity of imparting and spreading education and not make money.”

In a plea by private unaided schools of Rajasthan against the state government’s order regarding payment of school and college few, a bench comprising of Justices AM Khanwilkar and Dinesh Maheshwari stated that the schools should give at least 15% waiver in the annual tutition fee charged.

The order further said that, “Demanding fees even in respect of overheads on such activities would be nothing short of indulging in profiteering and commercialisation. It is a wellknown fact and judicial notice can also be taken that, due to complete lockdown the schools were not allowed to open for substantially long period during the academic year 2020-21. Resultantly, the school Management must have saved overheads and recurring cost on various items such as petrol/diesel, electricity, maintenance cost, water charges, stationery charges, etc. Indeed, overheads and operational cost so saved would be nothing, but an amount undeservedly earned by the school without offering such facilities to the students during the relevant period. Being fee, the principle of quid pro quo must come
into play. However, no accurate (factual) empirical data has been furnished by either side about the extent to which such saving has been or could have been made or benefit derived by the school Management.”

“Without insisting for mathematical exactitude approach, we would assume that the school Management(s) must have saved around 15 per cent of the annual school fees fixed by
the school/adjudicated by the Statutory Regulatory Authorities for the relevant period.”

This judgement will definitely come as a relief to the parents who are struggling economic hardships during the ongoing Corona pandemic. This ruling for one state can make a remarkable difference if implemented in other states as well and the whole education system is brought under its ambit.



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